Item 4(iv) LRB-2022-53

Perth and Kinross Council · 16 January 2023
Back to Local Review Body — 16 January 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

4(iv)
LRB-2022-53
LRB-2022-53
22/00801/IPL – Erection of a dwellinghouse (in principle),
land 70 metres north of Cairnie House, Cairnie Road,
St Madoes, PH2 7NE
INDEX
(a) Papers submitted by the Applicant (Pages 277-294)
(b) Decision Notice (Pages 297-298)
Report of Handling (Pages 299-305)
Reference Documents (Pages 285-289 and 307)
(c) Representations (Pages 309-320)
275

Page 2

Page 3

4(iv)(a)
LRB-2022-53
LRB-2022-53
22/00801/IPL – Erection of a dwellinghouse (in principle),
land 70 metres north of Cairnie House, Cairnie Road,
St Madoes, PH2 7NE
PAPERS SUBMITTED
BY THE
APPLICANT
277

Page 4

Page 5

Page 6

Page 7

Page 8

Page 9

Page 10

Page 11

Page 12

Page 13

Page 14

Page 15

Page 16

Page 17

Page 18

Page 19

Page 20

Page 21

4(iv)(b)
LRB-2022-53
LRB-2022-53
22/00801/IPL – Erection of a dwellinghouse (in principle),
land 70 metres north of Cairnie House, Cairnie Road,
St Madoes, PH2 7NE
PLANNING DECISION NOTICE
REPORT OF HANDLING
REFERENCE DOCUMENTS (part included in
applicant’s submission, Pages 285-289)
295

Page 22

Page 23

Page 24

Page 25

1 
REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 22/00801/IPL
Ward No P1- Carse Of Gowrie
Due Determination Date 27th June 2022 
Draft Report Date 23rd June 2022
Report Issued by PB Date 23rd June 2022 
PROPOSAL: Erection of a dwellinghouse (in principle)
LOCATION:  Land 70 Metres North Of Cairnie House Cairnie Road St
Madoes  
SUMMARY: 
This report recommends refusal of the application as the development is considered
to be contrary to the relevant provisions of the Development Plan and there are no
material considerations apparent which justify setting aside the Development Plan. 
SITE VISIT: 
In line with established practices, the need to visit the application site has been
carefully considered by the case officer.  The application site and its context have
been viewed by a variety of remote and electronic means, such as aerial imagery
and Streetview, in addition to photographs submitted by interested parties. 
In this instance, a physical visit to the site was considered necessary.  The
application site was visited on 21 June 2022. 
SITE PHOTOGRAPHS 
299

Page 26

2
BACKGROUND AND DESCRIPTION OF PROPOSAL
This application is for the erection of a dwellinghouse in principle. The site is some
3330 sqm. To the north of the site is woodland and St Madoes, a settlement defined
in the adopted local development plan. To the south of the site is Cairnie, a Category
C listed building which is encompassed by woodland on the north and west
boundaries.
An application for the same development was refused in May 2021. This is a
resubmission of the same proposal accompanied by a revised supporting statement.
SITE HISTORY
21/00581/IPL Erection of dwellinghouse (in principle) 19 May 2021 Application
Refused
PRE-APPLICATION CONSULTATION
Pre application Reference: None.
NATIONAL POLICY AND GUIDANCE
The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes
(PAN), Creating Places, Designing Streets, National Roads Development Guide and
a series of Circulars.
DEVELOPMENT PLAN
The Development Plan for the area comprises the TAYplan Strategic Development
Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019).
TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017
Whilst there are no specific policies or strategies directly relevant to this proposal the
overall vision of the TAYplan should be noted. The vision states “By 2036 the
TAYplan area will be sustainable, more attractive, competitive and vibrant without
creating an unacceptable burden on our planet. The quality of life will make it a place
of first choice where more people choose to live, work, study and visit, and where
businesses choose to invest and create jobs.”
Perth and Kinross Local Development Plan 2 – Adopted November 2019
The Local Development Plan 2 (LDP2) is the most recent statement of Council policy
and is augmented by Supplementary Guidance.
The principal policies are:
Policy 1A: Placemaking
Policy 1B: Placemaking
Policy 5: Infrastructure Contributions
Policy 6: Settlement Boundaries
300

Page 27

3 
Policy 19: Housing in the Countryside  
Policy 27A: Listed Buildings  
Policy 39: Landscape  
Policy 50: Prime Agricultural Land  
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 53C: Water Environment and Drainage: Surface Water Drainage
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals 
OTHER POLICIES 
Housing in the Countryside SPG
Developer Contributions SPG 
CONSULTATION  RESPONSES 
Transport Planning
No objection subject to condition. 
Scottish Water
Advice given with regard to Scottish Water infrastructure. 
Development Contributions Officer
Conditions required with regard to contributions. 
Structures And Flooding
No objection. Refer to PKC Flood Risk supplementary guidance. 
REPRESENTATIONS 
No representations received. 
ADDITIONAL STATEMENTS 
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment AA Not Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact eg Flood
Risk Assessment
Supporting Statement
submitted 
APPRAISAL 
Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997
require that planning decisions be made in accordance with the development plan
unless material considerations indicate otherwise.  The Development Plan for the
area comprises the approved TAYplan and the adopted LDP2.
301

Page 28

4
In this instance, section 14(2) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such
an application as this to have special regard to the desirability of preserving the
building or its setting or any features of special architectural or historic interest which
it possesses.
The determining issues in this case are whether; the proposal complies with
development plan policy; or if there are any other material considerations which
justify a departure from policy.
Policy Appraisal
The proposal was previously assessed in terms of policy 6, Settlement Boundaries
and policy 19, Housing in the Countryside.
Policy 6 specifies that development will not be permitted, except within the defined
settlement boundaries which are defined by a settlement boundary in the Local
Development Plan. This proposed site lies out with the St Madoes settlement
boundary to the north, and the proposal does not meet any of the defined criteria
which may otherwise allow a site adjoining the settlement boundary to be
considered. Consideration against Policy 6 is therefore irrelevant.
Policy 19 however is of specific relevance. This acknowledges that opportunities do
exist for housing in rural areas to support the viability of communities, meet
development needs in appropriate locations while safeguarding the character of the
countryside as well as ensuring that a high standard of siting and design is achieved.
The Housing in the Countryside Supplementary Planning Guidance (SPG) provides
greater clarity on the categories of development that will be permitted under Policy
19. The categories are as follows:-
• Building Groups.
• Infill sites.
• New houses in the open countryside on defined categories of sites as
set out in section 3 of the Supplementary Guidance.
• Renovation or replacement of houses.
• Conversion or replacement of redundant non-domestic buildings.
• Development on rural brownfield land.
It was considered when assessing the previous application that this proposal did not
meet any of the following categories: - Building Groups, Infill sites, Renovation or
replacement of houses, Conversion or replacement of redundant non-domestic
buildings or Development on rural brownfield land.
There is an existing group of three or more buildings to the south of the site.
However the northern edge of this group is separated from the application site by a
block of woodland around 30 metres wide which detaches the site from the building
group. The proposal is therefore not considered to extend the building group into a
readily defined adjacent site. Whilst there are established boundaries formed by the
two wooded areas to the north and south of the site, the application site does not
physically or visually relate to the rest of the group. The boundary to the west is
defined by a wire fence.
302

Page 29

5 
It is also not considered to be an infill site within the terms of the housing in the
countryside policy as it is part of a gap between two wooded areas rather than
between two houses or a house and another substantial building.   
The supporting statement suggests that it is an awkward site to farm and that access
is not possible with large machinery. However this is not a reason to set aside the
housing in the countryside policy.   
The site is on prime agricultural land.  Outside the identified settlements,
development on prime agricultural land will not be permitted, unless it is necessary to
meet a specific established need, such as a major infrastructure proposal and only
when there is no other suitable site available on non- prime land.  Small- scale
development directly linked to rural business, including housing, may also be
acceptable on prime agricultural land, providing it is compatible with all other aspects
of the policy framework of the Plan and there are no other suitable non- prime land
sites available, and it does not adversely affect the viability of the agricultural unit.
The site is on prime agricultural land (Grade 2) outwith the settlement boundary.  It
does not meet any exceptions that would allow development on prime agricultural
land accordingly it conflicts with Policy 50.  
Taking account of the above the application conflicts with the Policy 19 - Housing in
the Countryside and the associated Housing in the Countryside Guide and with the
prime agricultural land policy (policy 50). 
Design, Layout and Landscape 
As the proposal is in principle, there is no detailed dwelling proposal. Whilst a
dwelling could be situated in the site identified, which at 3300sqm is ample the
overall character and setting of St Madoes will be affected by the proposal along with
the wider landscape due to further urban creep into the countryside. 
Residential Amenity  
Planning control has a duty to future occupiers not to create situations of potential
conflict between neighbours. An acceptable level of amenity for the proposed
properties is required and in this case cognisance of the surrounding land uses has
to be taken into account. 
As this is a planning in principle application the exact impact on existing amenity and
the proposed residential amenity of future occupiers of housing within the
development cannot be fully determined. However, taking account of the block plan it
is considered that a scheme could be achieved which would not compromise the
amenity of existing residential properties and will equally provide a suitable level of
residential amenity for future occupiers of the house.  
Roads and Access  
Conditional control can ensure suitable access and egress from the site as well as
parking and turning arrangements to comply with Policy 60B: Transport Standards
and Accessibility Requirements: New Development Proposals.   
303

Page 30

6
Drainage and Flooding
From a review of the SEPA flood map there appears to be a natural depression in
the local topography to the south of the site where surface water can pool. Given this
relates to a relatively small part of the site this can likely be designed out as part of a
detailed application.
PKC Flooding has been consulted and do not object.
Conservation Considerations
The proposal is not considered to impact the neighbouring listed building due to a
belt of established trees between it and the application site. Additionally, the
orientation of the principal elevations of the listed building faces away from the
development site. There is no conflict with Policy 27A Listed Buildings
Developer Contributions
The Council Developer Contributions Supplementary Guidance requires a financial
contribution towards increased primary school capacity in areas where a primary
school capacity constraint has been identified. A capacity constraint is defined as
where a primary school is operating at over 80% and is likely to be operating
following completion of the proposed development, extant planning permissions and
Local Development Plan allocations, at or above 100% of total capacity.
This proposal is within the catchment of St Madoes Primary School.
The Council Transport Infrastructure Developer Contributions Supplementary
Guidance requires a financial contribution towards the cost of delivering the transport
infrastructure improvements which are required for the release of all development
sites in and around Perth.
The application falls within the identified Transport Infrastructure Supplementary
Guidance boundary and a condition to reflect this should be attached to any planning
application granted.
With conditional control applied the proposal with comply with Policy 5: Infrastructure
Contributions
Economic Impact
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.
VARIATION OF APPLICATION UNDER SECTION 32A
This application was not varied prior to determination.
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS
None required.
304

Page 31

7 
DIRECTION BY SCOTTISH MINISTERS 
None applicable to this proposal. 
CONCLUSION AND REASONS FOR DECISION 
To conclude, the application must be determined in accordance with the adopted
Development Plan unless material considerations indicate otherwise.  In this respect,
the proposal is considered to be contrary to the Development Plan.  Account has
been taken of the relevant material considerations and none has been found that
would justify overriding the adopted Development Plan. 
Accordingly the proposal is refused on the grounds identified below. 
Conditions and Reasons 
1 The proposal is not considered to comply with Policy 19 - Housing in the
Countryside of the Perth and Kinross Local Development Plan 2 and associated
Housing in the Countryside supplementary planning guidance as the proposed
dwelling does not meet any of the defined categories which permit the erection of
dwellings in the countryside. 
2 The proposal is not considered to comply with Policy 50: Prime Agricultural
Land of the Perth and Kinross Local Development Plan 2 as the site is outside an
identified settlement on prime agricultural land where it does not meet any
exceptions that would allow development on prime agricultural land 
Justification 
The proposal is not in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
Informatives 
None. 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
01 
02 
03 
04 
05
305

Page 32

Page 33

Page 34

Page 35

4(iv)(c)
LRB-2022-53
LRB-2022-53
22/00801/IPL – Erection of a dwellinghouse (in principle),
land 70 metres north of Cairnie House, Cairnie Road,
St Madoes, PH2 7NE
REPRESENTATIONS
309